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HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI
Committee of Management RMPP – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. director forms committees to probe alleged fake election approval. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. election disputes exclusively under societies act section 25. (Para 7 , 8 , 11 , 21) |
| 3. election violated scheme procedures and member notice requirements. (Para 9 , 10 , 12 , 13 , 14) |
| 4. scheme of administration governed by 2006 school education act. (Para 15 , 16) |
| 5. quasi-judicial power to prima facie validate elections in disputes. (Para 17 , 18 , 19 , 20) |
| 6. education authorities alone review election approval validity. (Para 22 , 23 , 24 , 25 , 26) |
| 7. enquiry committees cause no prejudice or legal injury. (Para 27) |
| 8. valid management essential for aided institutions' public interest. (Para 28 , 29 , 30) |
| 9. director's orders upheld; writ petition dismissed. (Para 31 , 32) |
JUDGMENT :
MANOJ KUMAR TIWARI, J.
1. Committee of Management of a Government aided Intermediate College in District Haridwar, has filed this writ petition, challenging the orders dated 9th April 2025 and 27th June 2025, passed by Director, Secondary Education, Uttarakhand.
2. By the first order dated 9th April 2025, a three member enquiry committee, headed by Regional Additional Director of Education, Pa
Director of Secondary Education holds quasi-judicial power to probe election validity and approvals in aided institutions under School Education Act; jurisdiction distinct from Societies Act; prima f....
Without rival committees dispute, Director cannot under Section 29(7) inquire election validity of recognized management; Societies Act governs. Section 34 enables mismanagement probes.
A Committee of Management loses authority to conduct elections post-term expiry, necessitating an Authorized Controller to oversee elections, as per statutory provisions.
Elections held by a Committee of Management whose term has expired are valid if no Authorized Controller is appointed, and the Regional Level Committee's rejection of such elections is contrary to la....
Elections for the Committee of Management of an educational institution must be conducted in accordance with the approved Scheme of Administration, and the provisions of the Uttar Pradesh Intermediat....
The provision for enrollment of new members in the Scheme of Administration is directory, not mandatory, and a prior decision on membership induction cannot be questioned in subsequent complaints if ....
Elections to the Committee of Management must comply with the Scheme of Administration to be valid; procedures and member admissions must adhere to prescribed protocols to ensure lawful election outc....
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